How To Get Your Vote Designated

Law360, New York (March 3, 2011, 5:21 PM EST) -- In a new decision, Dish Network Corp. v. DBSD North America Inc. et al., __ F.3d __, 2011 WL 350480 (2d Cir. 2011), the U.S. Court of Appeals for the Second Circuit affirmed the bankruptcy court’s decision to designate (i.e., not count) the votes of a secured lender, who had a strategic interest in the debtors’ assets and purchased a blocking position at par after the debtors had proposed a plan of reorganization.

With this decision, the Second Circuit has held that once a plan of...
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